Autopsy and crime scene photographs that could be presented to jurors in the Donald Smith trial were the subject of a graphic pretrial hearing Wednesday.
The photographs were displayed on computer monitors only visible to attorneys, courthouse staff, the judge and Medical Examiner Valerie Rao. But she described in detail what the photographs depict.
According to Rao, the photos are “essential” to show jurors the kind of injuries suffered by 8-year-old Cherish Perrywinkle and to understand her cause of death.
Smith is accused of kidnapping, raping and killing Perrywinkle in June 2013. He has pleaded not guilty.
Rao, who performed the girl's autopsy, testified the photographs show petechiae, which are pinpoints of hemorrhage caused by extreme pressure. She says describing broken capillaries is insufficient, and that photographs “bring it home” for jurors. She also said that photos of the girl’s genital area show the “tremendous injury” she sustained from the sexual assault in a way that diagrams cannot.
Prosecutors want to use 30 autopsy or crime scene photos, along with three photos of Smith’s penis taken after his arrest. Rao testified the penis photos show bruising and injuries “consistent with somebody being forcefully asked to do oral sex.”
Defense attorneys argued the photos were unnecessary, prejudicial, and would be excessively shocking to jurors. Attorney Charles Fletcher noted that medical examiners routinely use paper diagrams to chart their findings during exams, and asked that they be used at trial instead of photos.
Rao pushed back. The photos were “extremely shocking,” she conceded, “because the injuries this child sustained are shocking.’
Asked if they would shock jurors unaccustomed to seeing such things, she responded: “That’s part of justice, don’t you think?”
The judge didn’t immediately rule on the defense motion to block the photographs.
Jury selection in the death penalty trial begins Feb. 5.